Dubai: If you are an employee currently on probation and have fallen ill or suffered an injury, you may be confused about how early you can take a paid sick leave when working.
According to the UAE’s labour law, Federal Decree-Law No. 33 of 2021, employees are not entitled to paid sick leaves when they are on probation. While you can take leave if you fall ill, you will not be paid your salary during the time you take off. This is as per Article 31 of the UAE Labour Law.
How long is the sick leave for an employee that has completed probation in the UAE?
Once you have completed your probation period, you are entitled to sick leave of not more than 90 days.
The sick leave can be continuous or spread out.
However, not all of the 90 days will be paid sick leave.
Whether or not you are paid your salary during the time off will be calculated as follows:
A. The first 15 days with full pay.
B. The next 30 days with half pay.
C. Subsequent period without pay.
Can I be denied paid sick leave?
It is important to note that not all sick leave may be covered as paid sick leave. Article 20 of Cabinet Resolution No. (1) Of 2022, lists out certain situations when an employee’s sick leave may not be paid for, even if he or she has completed the probation period. These situations include:
a. If the disease resulted from the worker’s misconduct, such as his consumption of alcohol or drugs.
b. If the worker violated the safety instructions in accordance with the legislation in force in the State, such as the instructions related to crises and disasters, traffic regulations or any safety procedures and rules set out in the establishment’s regulations that the worker was informed of and he has acknowledged his understanding thereof and compliance therewith.